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2013 DIGILAW 1015 (MAD)

S. Chandrasekaran v. State of Tamil Nadu rep. by Collector of Cuddalore District, Cuddalore

2013-02-18

VINOD K.SHARMA

body2013
Judgment :- 1. The petitioner has invoked the extraordinary writ jurisdiction of this Court with a prayer for issuance of a writ in the nature of mandamus, directing respondents 1 to 6 to get re-transfer from the petitioner of the property measuring 3355 square feet in T.S.No.1764 in Thiruppadiripuliyur, Cuddalore, Cuddalore Municipal Limits, Cuddalore District, registered as Document No.2041/2006 dated 28.06.2006, with the 9th respondent, after paying compensation of Rs.21,17,005/-(Rupees twenty one lakhs seventeen thousand and five only) with interest at the rate of 24% p.a. from 28.06.2006 or at such rates as may be fixed or alternatively direct the respondents to bear the cost of registration (stamp duty, penalty, interest, registration charges) of the document by considering the representation dated 13.10.2008. 2. Prior to the filing of this writ petition, the petitioner had filed W.P.No.25879 of 2007 praying therein as under:- ".. to issue Writ of Mandamus to direct the respondents 1 to 6 to get re-transfer from petitioner of the property measuring 3355 square feet in T.S.No.1764 in Thiruppadiripuliyur, Cuddalore, Cuddalore Municipal Limits, Cuddalore District and registered as document no.2041/2006 dated 28.06.2006 with the 9th respondent after paying compensation of Rs.21,17,005/-with interest at 24% per annum from 28.6.2006 or at such rates as may be fixed or alternatively directing respondents to bear the cost of registration (stamp duty, penalty, interest and registration charges), of document No.2041/2006 registered with the 9th respondent" 3. The above writ petition was got dismissed as withdrawn on 01.08.2007. The order passed by this Court reads as under:- "The learned counsel for the petitioner has submitted that this Writ Petition may be dismissed, as withdrawn and also made an endorsement to that effect. In view of the same, recording the endorsement, this Writ Petition is dismissed, as withdrawn. No costs." 4. In paragraph 25 of the affidavit filed in the present writ petition, the petitioner has given reasons for withdrawal of the previous writ petition 5. It is contended by the learned counsel that the order passed by this Court cannot bar the filing of subsequent writ petition, after issuing demand notice, as earlier writ petition was got dismissed as withdrawn for want of demand notice. 6. It is contended by the learned counsel that the order passed by this Court cannot bar the filing of subsequent writ petition, after issuing demand notice, as earlier writ petition was got dismissed as withdrawn for want of demand notice. 6. It is also the contention of the learned counsel for the petitioner, that not only the factum of withdrawal of the previous writ petition has been mentioned in the affidavit, but a copy of the order was also attached with the typed set of papers. Therefore, there is no concealment by the petitioner, which may bar the filing of subsequent writ on the same cause of action. 7. The contention of the learned counsel for the petitioner cannot be accepted. It is well settled in law, that if a previous writ petition on the same cause of action is dismissed as withdrawn, without liberty to file fresh on the same cause of action, the subsequent writ petition being barred cannot be entertained. 8. The reading of the order passed by this Court shows that no liberty was granted to the petitioner to file a fresh writ petition on the same cause of action, after issuing demand notice. 9. Consequently, this writ petition is dismissed as not competent. No costs.